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Understanding California Lemon Law Claims

There are hundreds of “Lemon Law” attorneys in California. The vast majority of them will tell you the California Lemon Law only applies to “new” vehicles that have a defect, covered by the manufacturer warranty, which has not been fixed after 3-4 repair attempts. However, the Lemon law applies to any vehicle that was sold with a warranty – New, Certified Pre-Owned, and even Used vehicles that come with a 30-day dealer warranty.

At Auto Law Firm, PC, attorney Michael Klitzke and his legal team focus their practice on auto law and lemon law claims. You can trust their knowledge and experience to help you obtain the justice you deserve.

What Is California’s Lemon Law?

California’s lemon law covers a wide range of vehicles, including cars, pickup trucks, vans, SUVs and motorcycles. It protects buyers and leasers when a new car has unrepairable mechanical problems.

Generally, you must show that you have made a reasonable number of repair attempts for the Lemon Law to apply. You must also show that:

  • The problems the car has are covered under the manufacturer’s warranty
  • The problems happened within the first 18 months or 18,000 miles
  • The problems reduce the value, use or safety of the vehicle
  • The problems were not caused by abuse or misuse

If you meet these requirements, you may be entitled to a refund or a replacement.

Breach Of Warranty Claims

Under California’s Lemon Law, there are a variety of breach of warranty claims that may apply depending on your circumstances.

Express Warranty Claims

The dealer/manufacturer fails to fix a defect under warranty after being given a reasonable opportunity to repair the vehicle. A reasonable opportunity could be 3-4 repair attempts, a single repair visit that exceeds 30 days, or where warranty repairs are refused. The remedy for these claims is a repurchase of the vehicle and may also include penalties.

Implied Warranty Of Fitness

If you told the dealer what your needs are and relied on the dealer to provide a vehicle that meets those needs, you could have an implied warranty of fitness claim. This issue often arises when the consumers tell the dealer they need a truck that can tow a 6,000-pound trailer and the dealer convinces them to purchase a vehicle that cannot actually tow the trailer. The remedy for an implied warranty claim is a repurchase of the vehicle.

Implied Warranty Of Merchantability

In order to be merchantable, a vehicle must meet all of these conditions:

  •  Pass without objection under the contract description
  •  Be fit for ordinary purposes
  •  Adequately contained, packaged, and labeled
  •  Conform to the representations on the container or label

The remedy for an implied warranty claim is a repurchase of the vehicle. Auto Law Firm, PC, can help you with all of these Lemon Law and Breach of Warranty type claims.

Get Started On Your Claim Today

If you were overcharged governmental fees in your car purchase, to schedule a free consultation, call 619-878-7037 or fill out an online contact form. From their California office location, they can assist clients throughout California, including San Diego and Los Angeles.